consulting a top-rated car accident lawyer

How can consulting a top-rated car accident lawyer affect your accident claim’s compensation?

Learn about the influence on the compensation of your choice of counsel Top-rated car accident lawyers share a number of things in common. They have a track record of successful representation of car accident claims; they answer your questions and are responsive to your communications; and they strike an appropriate balance between adequate staff and personal attention. Through these and other ways, a consultation with them can make a difference in the amount of compensation for your injuries. A motor vehicle accident can be an overwhelming experience, and personal injury law is a complex set of rules and procedures. A…

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Pre-existing Conditions and the Minor Injury Guideline (MIG)

Find out about the implications pre-existing conditions can have on the minor injury funding limit Statutory accident benefits coverage for injury(ies) sustained in a car accident is governed by the legal classification of the injury(ies).  A minor injury is “one or more of a strain, sprain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and includes any clinically associated sequelae to such an injury”[1]. Unless the policy contains modifying optional benefits, recovery for med-rehab benefits for predominantly minor injuries is limited to $3,500.[2] An exception to this limit is if the applicant can demonstrate that they have (a) pre-existing medical…

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What you can expect in a free consultation with a lawyer for your personal injury claim

[vc_row][vc_column][vc_column_text] If you have suffered injuries in a motor vehicle accident for which you were not at fault, you can seek compensation from the at-fault driver and, more specifically, from his/her insurer. You will likely be looking for a lawyer to guide you through the complexities of legal proceedings and advocate for your interests. A personal injury case in the province of Ontario begins with the initial consultation phase. At the initial consultation, the insured person meets with a lawyer to evaluate the merits of their claim and to evaluate the services that the lawyer has to offer. If the…

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Three Major Recent Cases on Land Torts

Explore some important decisions on property-related tort actions Nuisance is a tort that involves someone interfering with someone else’s use or enjoyment of land. A nuisance is generally not actionable unless the interference is unreasonable and the plaintiff suffered some damage.[1] A sister action is based on the rule in Rylands v. Fletcher, which holds a defendant strictly liable (i.e., liable whether or not there was negligence or intent to harm) for damages caused by an escape of something from his/her property that is attributed to a nonnatural use of land.[2] Lastly, there is a statutory cause of action under…

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IRCC’s Chinook Program: Winds of Change

Learn of the debate surrounding a new IRCC operational procedure Immigration, Refugees and Citizenship Canada (IRCC) is the government department that facilitates immigration to Canada and Canadian refugee claims. Some immigration officers use a computer program known as ‘Chinook’ to generate a final decision and reasons more quickly and in a different manner than was done previously. The program was developed in March 2018 by immigration officers and personnel who had a computer science background. It was developed entirely in-house meaning it was created within the organization with no outside help. The reason for developing the program appears to have…

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Semih v. Aviva Ins. Co., 2022 CanLII 27252 (ON LAT)

Another Example of Chronic Pain and Removal from MIG In this case, the Applicant was injured in a motor vehicle accident (MVA) on January 25, 2018. He sought med-rehab benefits (among other benefits) from the Respondent insurer, Aviva. The Respondent denied his claim for med-rehab benefits beyond the Minor Injury Guidelines (“MIG”) on the basis that his injuries were predominantly minor in nature. The Applicant disagreed with the Respondent’s denial and brought the dispute before the Licence Appeal Tribunal (“LAT”). In the final result, the LAT member who heard his application decided that the Applicant was entitled to med-rehab benefits…

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Agents and Civil Liability

Learn about legal proceedings between principals, agents and third parties Everyone has heard of a type of professional called an ‘agent,’ whether it be a real-estate agent, insurance agent, broker, auctioneer, mercantile agent, del credere agent or otherwise. What they share in common – the meaning of the word agent – is that they are parties to a legal relationship with an individual called a principal, such that they have the authority to change the principal’s legal position – for example, by the making of contracts between a third party and the principal or by disposing of the principal’s property.…

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Consequences for Unreasonable Delay

Explore What May Happen if an Insurance Company Unreasonably Delays Payment This issue was the central focus of the recent decision of the License and Appeal Tribunal (“Tribunal”) called Blas v. Aviva Insurance Canada.[1] Ms. B was injured in a MVA on August 24, 2017. She sought statutory accident benefits from Aviva. Aviva denied most of her requested benefits on the grounds that they were not reasonable and necessary. Ms. B applied to the Tribunal for dispute resolution. An applicant has the onus of proving that the proposed treatment, its goals and cost, are all reasonable and necessary.[2] The particular…

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Procedural Fairness in LAT Proceedings

Find out about some examples where an insurance company failed to meet the minimal requirements of fairness Lockyear v. Wawanesa Mutual Insurance Company[1] is a recent case where an appeal to the Superior Court of Justice, from a decision of the License Appeal Tribunal (LAT) rejecting the insured’s application to be designated as catastrophically impaired, was granted on the basis that the LAT hearing and reconsideration breached the duty of procedural fairness. Procedural fairness is recognized by the courts as a central principle of Canadian administrative law. Procedural fairness refers to the right to be heard, for someone to participate…

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Challenging a MIG Determination

Discover Limits to the Tribunal’s Jurisdiction or Ability to Hear This Issue A recent case, Bobak v. Travelers Insurance[1], explored whether the License Appeal Tribunal (“Tribunal”) has jurisdiction over a matter in which the above issue is the only issue in dispute. Mr. B was injured in a MVA on September 16, 2017. He sought statutory accident benefits from Travelers Insurance. Travelers denied his claims. He challenged this denial to the License Appeal Tribunal (Tribunal). The issue in the proceeding is whether Mr. B’s injuries fall within the definition of the Minor Injury Guideline (MIG). However, the insurance company brought…

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